Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court’s most recent term, plus cases coming up. Topics in the 2020–2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off‐campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as “community caretakers” and warrantless police entries (Caniglia v. Strom), and Arizona’s new voting laws (Brnovich v. DNC).
Cato Supreme Court Review, 2020–2021
FOREWORD: A Court in Flux That Doesn’t Need “Reform,” By Ilya Shapiro
INTRODUCTION, By Trevor Burrus
ANNUAL B. KENNETH SIMON LECTURE: Flunking the Founding: Civic Illiteracy and the Rule of Law, By Judge Don R. Willett
FIRST AMENDMENT
Protecting Free Exercise under Smith and after Smith, By Douglas Laycock and Thomas C. Berg
Americans for Prosperity Foundation v. Bonta: A First Amendment for the Sensitive, By Bradley A. Smith
Mahanoy Area School District v. B.L.: The Court Protects Student Social Media but Leaves Unanswered Questions, By David L. Hudson Jr.
CONSTITUTIONAL STRUCTURE
Unreviewable: The Final Installment of the “Epic” Obamacare Trilogy, By Josh Blackman
Three Views of the Administrative State: Lessons from Collins v. Yellen, By Aaron Nielson
PROPERTY RIGHTS
Cedar Point: Lockean Property and the Search for a Lost Liberalism, By Sam Spiegelman and Gregory C. Sisk
POLICING CONSTITUTIONALLY
Police as Community Caretakers: Caniglia v. Strom, By Christopher Slobogin
VOTING RIGHTS
Brnovich v. DNC: Election Litigation Migrates from Federal Courts to the Political Process, By Derek T. Muller
INTELLECTUAL PROPERTY
Declaring Computer Code Uncopyrightable with a Creative Fair Use Analysis, By Adam Mossoff
NEXT YEAR
Looking Ahead: A Post‐COVID Return — and a Shift to the Right?, By Amy Howe
About the editor
Trevor Burrus is a research fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor‐in‐chief of the Cato Supreme Court Review. Burrus is the editor of A Conspiracy against Obamacare (Palgrave, 2013) and Deep Commitments: The Past, Present, and Future of Religious Liberty (Cato Institute, 2017). He is also the cohost of Free Thoughts, a weekly podcast that covers topics in libertarian theory, history, and philosophy.